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Report of the Tiger Task Force - PRS

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■ JOINING THE DOTS TIGER TASK FORCE REPORTCommunity reservesA step was taken in this direction by creating twospecial categories <strong>of</strong> protected areas — communityreserves and conservation reserves during <strong>the</strong>amendment to <strong>the</strong> Wildlife (Protection) Act, 1972in 2003. But it has been pointed out by experts likeAshish Kothari <strong>of</strong> Kalpvriksh that <strong>the</strong> reservesmeant to enshrine community-protected areas withlegal teeth, do not practically work out at presentbecause <strong>of</strong> lack <strong>of</strong> clarity on several counts.The two protected areas were brought into forcebesides <strong>the</strong> categories <strong>of</strong> national parks andsanctuaries which have existed since <strong>the</strong> inception<strong>of</strong> <strong>the</strong> Act. The Act says:36C. (1) The State Government may, where <strong>the</strong>community or an individual has volunteered toconserve wild life and its habitat, declare anyprivate or community land not comprisedwithin a National Park, sanctuary or aconservation reserve, as a community reserve,for protecting fauna, flora and traditional orcultural conservation values and practices.The key idea behind this categorisation is thatpeople should traditionally protect <strong>the</strong> area and <strong>the</strong>land should be ei<strong>the</strong>r private land or communityowned. The o<strong>the</strong>r new category is <strong>the</strong> conservationreserve. The amendment to <strong>the</strong> law lays down:"36A. (1) The State Government may, afterhaving consultations with <strong>the</strong> localcommunities, declare any area owned by <strong>the</strong>Government, particularly <strong>the</strong> areas adjacent toNational Parks and sanctuaries and those areaswhich link one protected area with ano<strong>the</strong>r, asa conservation reserve for protectinglandscapes, seascapes, flora and fauna and<strong>the</strong>ir habitat.The management <strong>of</strong> <strong>the</strong> community reserve getscomplicated once any land is declared as one.After <strong>the</strong> issue <strong>of</strong> notification declaring <strong>the</strong> land, nochange in <strong>the</strong> land use pattern can be made within<strong>the</strong> community reserve, except with a permission<strong>of</strong> its community reserve management committeeand <strong>the</strong>reafter, <strong>the</strong> approval <strong>of</strong> <strong>the</strong> same by <strong>the</strong> stategovernment.Critics like Kothari have pointed out that <strong>the</strong>fact that <strong>the</strong> existing parks and sanctuaries cannotbe converted into <strong>the</strong>se categories limits <strong>the</strong>potential <strong>of</strong> <strong>the</strong> category <strong>of</strong> protected area. 28 Thiscould have helped reduce tensions in many parkswhere people’s rights and control have beencurtailed. Ano<strong>the</strong>r critical failure <strong>of</strong> <strong>the</strong> newcategory, <strong>the</strong>y point out, is that <strong>the</strong> law does notconsider <strong>the</strong> fact that <strong>the</strong> people also conserveforests on government lands and those too shouldbe turned into community reserves.The management <strong>of</strong> <strong>the</strong>se reserves under <strong>the</strong>amendments rests with a committee, which shallconsist <strong>of</strong> five representatives nominated by <strong>the</strong>village panchayat (village council) or where suchpanchayat does not exist, <strong>of</strong> <strong>the</strong> members <strong>of</strong> <strong>the</strong>gram sabha (village assembly) and onerepresentative <strong>of</strong> <strong>the</strong> state forest or wildlifedepartment under whose jurisdiction <strong>the</strong>community reserve is located. This structuring istoo rigid and limits <strong>the</strong> flexibility with which mostcommunity-preserved areas work, like <strong>the</strong> sacredgroves across <strong>the</strong> world or <strong>the</strong> van and lathpanchayats <strong>of</strong> Uttaranchal. Most <strong>of</strong> <strong>the</strong>se survivebecause <strong>the</strong>y have found innovative institutions tocounter <strong>the</strong> day-to-day politics <strong>of</strong> development.These could get stifled if <strong>the</strong> straight-jacketregulations <strong>of</strong> <strong>the</strong> Act are superimposed.The imposition <strong>of</strong> restrictions by <strong>the</strong> SupremeCourt on removal <strong>of</strong> any products from forests hasmeant that no community which has practised acertain resource use regime, will now want to comeunder <strong>the</strong> ban by letting its forest be declared as acommunity or conservation reserve. De facto, <strong>the</strong>two categories now stand defunct. Drafted in <strong>the</strong>proper fashion <strong>the</strong>y hold <strong>the</strong> potential to changehow people collaborate with <strong>the</strong> government inconservation, while giving <strong>the</strong> government <strong>the</strong> leadon sustainable use regimes.people’s participation as ‘you participate in myprogramme’. It has been unable to deepen <strong>the</strong>commitment <strong>of</strong> people to forest protection, because itis designed to still keep control over decision-makingin <strong>the</strong> hands <strong>of</strong> <strong>the</strong> department, whereas <strong>the</strong>experience <strong>of</strong> forestry teaches that people need to becentrally involved in <strong>the</strong> management <strong>of</strong> forest land,in order to increase productivity.There is yet ano<strong>the</strong>r problem. The fact is thateven after 15 years <strong>of</strong> joint forest management,people sharing <strong>the</strong> benefits <strong>of</strong> <strong>the</strong> produce have beenlimited to a few states and few areas. It is a fact thatstate governments require funds for establishmentcosts. Over <strong>the</strong> past some years, forest revenues havegone down because <strong>of</strong> conservation initiatives, butestablishment costs have continued to increase. Thestanding forests <strong>of</strong> <strong>the</strong> joint forest management areasare needed to pay for establishment costs. It isbecause <strong>of</strong> this, in most states, involved calculationsto estimate <strong>the</strong> ‘net’ value <strong>of</strong> <strong>the</strong> standing timber that128 The way ahead

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